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Federal Articles > Lawyering > discovery > Privilege Shields

Total Articles: 2

Work Email and the Attorney-Client Privilege Do Not Mix

Young Conaway Stargatt & Taylor, LLP • January 24, 2011
An appeals court in California recently decided that emails sent by an employee from her work email address to her attorney are not protected by the attorney-client privilege. In the case of Holmes v. Petrovich Development Company, LLC, an employee sued her employer for wrongful termination. Prior to filing her lawsuit, she had exchanged emails with her attorney, using her office email account. The employer used the emails in its defense, and the employee objected, claiming that they were protected by attorney-client privilege.

Court of Appeal: No Attorney-Client Privilege for Employee's Emails to Lawyer.

Shaw Valenza LLP • January 17, 2011
Gina Holmes worked for Petrovich Development Co. LLC as assistant to the CEO, Paul Petrovich. She was pregnant early in her employment and got into a discussion with her boss about the length of her leave and their respective feelings about her pregnancy. Although it appeared that they had cleared the air, Holmes simultaneously attempted to hire a lawyer, via email at work. Apparently, Holmes became upset that Petrovich forwarded her emails to others in the organization and quit, claiming constructive discharge, discrimination, harassment, etc.
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